Presentation developed for conferences and noncredit programs at Kansas State University

1. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Conference Contracting
Sharon Brookshire
Director, Conferences
785-532-2566
sharonb@k-state.edu

2. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Discussion items
• K-State – an agent of the state of KS
• Challenging clauses
• Items to include in a contract
• Authorized to sign
• DCE contract review checklist

3. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
State of Kansas Contract Challenges
• Cancellation Clauses
• Attrition Clauses
• Insurance Requests
• Indemnification
• Payment expectations
• Authorization to sign

4. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Cancellation Clauses
“statement of action to be taken in the event of a cancellation
due to specific circumstance”
CANCELLATION (sample)
Notice of Cancellation Received After Signature Cancellation Charge
$14,240

5. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Cancellation Clauses
“statement of action to be taken in the event of a cancellation
due to specific circumstance”
• Removed from contract
– If appropriate to your event you can negotiate a
re-booking clauses instead
– Long history of event is helpful

6. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Attrition Clauses
“reduction of the room block reserved for a meeting; non-
fulfillment of the block”
ROOM BLOCK ATTRITION (sample)
This agreement and the guest room rates negotiated are based on the group
using and paying for the entire number of room nights in the Room Block,
which the (Name of property) has agreed to hold for the exclusive use of
(Name of event) However, should the group not use and pay for room nights,
(Name of event) shall pay the hotel a fee of per room night below room nights
occupied. Such fee shall be paid by the group within (30) thirty days of receipt
of invoice or shall be charged to the group’s master account if one is
established and shall be paid in accordance with the master account
requirements.

7. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Attrition Clauses
“reduction of the room block reserved for a meeting; non-
fulfillment of the block”
– Remove from contract
– Billed as meeting room rental in contract
• Exact charges or sliding scale is outlined

8. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Protection from attrition
– Include block review dates and percentage of
decrease allowed for events schedule far in
advance
– Insist on no lower advertised rate
– Receive credit for nights booked before and after
the event dates
– Receive credit for cancellation fees paid by
attendees
– Receive credit for reservations regardless of
method of reservation or amount paid
– Audit the guest list against your attendee list and
be sure any found guests are credited to the block.

9. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Insurance Requirements
K-State can’t provide a certificate of insurance to
the vendor. We are self-insured.
INSURANCE (Sample)
Upon request, Group will provide a certificate of insurance in the amount
of ($) naming the Hotel Owner and Hotel as additional insured. . .
– Strike the clause and refer to the Contractual
Provisions provided

10. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Indemnification
“secured against loss or hurt; held harmless”
K-State is not able to hold harmless or indemnify
any contractor.
– Strike the clause completely and state a
reference to the Contractual Provisions
Attachment.

11. K a n s a s S t a t e U n i v e r s i ty CONFERENCES
Payment expectations
• Try to remove deposit requirement(s)
– If a deposit is required, set dates, amounts and
deposit must be refundable.
• Payment terms:
– All undisputed charges on the master account will
be due and payable within 30 days of receipt and
approval of the final invoice. Disputed items shall
not be payable until resolved. Only those charges
specified by K-State representative shall be charged
to the master account.

12. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Include in contracts
– Termination for Cause clause
– Contractual provisions statement before
signature block
The Provisions found in Contractual Provisions Attachment (Form DA-
146a, Rev. 1-01), which is attached hereto, are hereby incorporated in
this contract and made a part thereof

13. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
Authority to sign
• President Schultz has authorized Lynda
Spire limited contracted authority for
conference/noncredit contracts.
• Contracting authority for goods and services
in amounts under $5000 has been
delegated to departmental designees.
Those delegations are on file in the
University’s Purchasing Office.

14. K a n s a s S t a t e U n i v e r s i t y CONFERENCES
DCE Contract Review Checklist
• Contract checklist is reviewed and revised
annually.